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Home›Bicycle riders›Bill to cyclist reinforces need for cyclists to be insured: advocates

Bill to cyclist reinforces need for cyclists to be insured: advocates

By Mona Mi
April 3, 2022
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The ICBC bill gives many cyclists pause and reinforces the need for avid cyclists to have some form of insurance, advocates say.

Publication date :

April 03, 2022 • 10 hours ago • 3 minute read • 46 comments

Ben Bolliger holds his recently broken bicycle at Willow Street and West 7th Avenue in Vancouver, where he was run over by a young driver driving a Mercedes last July. Photo by Jason Payne /PNG

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A year ago, Derek Wilson got off his bike to use the crosswalk on Comeau Lake Road in Coquitlam when a right-turning sports car hit him, knocking him onto the hood and windshield of his car. the car with his bike on him.

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He was not injured, but news this week that ICBC charged Vancouver cyclist Ben Bolliger more than $3,700 for damage to a car that hit Bolliger as he crossed a controlled intersection in a bike path got Wilson thinking.

“I was as amazed as anyone,” said the Port Moody resident, soon to be 74. “That was a wake up call, if I had smashed this guy’s windshield…why should (Bolliger) get a huge bill to fix the car that hit him?”

The ICBC bill gives many cyclists pause and reinforces the need for avid cyclists to have some form of insurance, advocates say.

“We strongly believe that if you are an avid cyclist and spend time on your bike, having some sort of insurance to cover you in this activity is beneficial and advisable,” said Erin Waugh, CEO of Cycling BC. “Insurance is a big part of what we offer as a sports organization…we think it’s really important.

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If you join Cycling BC, liability insurance is provided for organized club events, but this insurance would not cover a club member who ends up in Bolliger’s shoes.

Postmedia News asked ICBC on Thursday for data about how many letters such as Bolliger have been sent and how much the company has sought to recover from those mishaps, but was told it would take longer to track down.

Since the provincial government passed legislation in early 2020, ICBC has had a no-fault policy for nearly two years now.

Readers may recall being pleasantly surprised recently to receive a letter from ICBC and find inside not invoices but discounts – a couple for reduced miles driven due to COVID-19, another to compensate for lower rates due to no-fault, which ICBC calls enhanced care.

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No-fault insurance is supposed to save drivers about 20% on their annual premiums (and save ICBC about $1.5 billion). It also means victims can no longer sue the Crown corporation, which means it’s hard to find a lawyer to represent you if you feel wronged.

And that goes all out against cyclists, said Vancouver attorney Joel Zanatta.

“Completely stacked,” said Zanatta, whose company cycling advocate offers legal and insurance advice for cyclists and represents Bolliger pro bono. “It’s a war against cyclists.

“It sounds like I’m speaking in hyperbole, but I’m not. It’s crazy.”

With the ability to sue ICBC removed, injured cyclists are at the mercy of the monopoly insurer, he said.

“They immediately say, ‘If we find you at fault, you have to pay’, and then to make matters worse, there’s nowhere to go if you dispute fault except the CRT.”

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The CRT is the Civil Resolution Courtcreated to resolve disputes involving vehicle accidents, small claims, condominiums, cooperatives and corporations.

“The most you can get out of it,” Zanatta said, “is your paid bike.”

No lawyer will want to touch that, he said.

“It’s a joke. I’m the only one doing it and I’m doing it for free because I’m in a situation where I can.

“If I took this case before, I win it every time. It’s so rotten.

And it’s not just cyclists, but anyone with the right to share the road is at risk, Zanatta said.

“(ICBC) says if you want to share the road, which is a right in Canada, you have to buy your own insurance and that’s not a nice thing. It shouldn’t be mandatory, that’s for sure.

“Are you going to insure all the children there?” Pedestrians are hammered. Skateboards, scooters.

Parents pushing strollers?

“Same thing. The group is called vulnerable road users…all have the legal right to use the road.

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twitter.com/gordmcintyre


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